You are here

UNCTAD Series on Issues in International Investment Agreements (Series One)

UNCTAD's Series on International Investment Agreements analyses the key concepts of core IIA provisions. The "First-generation Pink Series" or "Series One" (1999-2005) sought to help countries participate as effectively as possible in international investment rulemaking. The "Sequels" or "Series Two" update and complement this Series analysing how key issues in IIA provisions have evolved, particularly focusing on treaty practice and arbitral decisions. In line with UNCTAD's mandate the Sequels analyse the development impact of IIA provisions and their respective formulations, and give policy options that strengthen the sustainable-development aspect of IIAs. Both generations represent a standard reference tool for IIA negotiators, policymakers, the private sector, academia and other stakeholders.

INVESTOR STATE DISPUTE SETTLEMENT

Investor-State Dispute Settlement

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
31 Mar 2015
Section I of this publication briefly sets out the historic background of ISDS, and then identifies the salient features of the system and the main criticisms of it. Section II undertakes a review of treaty practice with respect to individual ISDS issues, such as consent to arbitration, the scope...
ALCANCE Y DEFINICIONES

Alcance y definiciones

Colección de publicaciones de la UNCTAD sobre temas relacionados con los Acuerdos Internacionales de Inversión II

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
28 Oct 2011
El presente volumen forma parte de una serie de ediciones revisidas -- continuaciones -- de la Colección de publicaciones de la UNCTAD sobre temas relacionados con los acuerdos internacionales de inversión. La primera parte de esa serie fue publicada de 1999 a 2005 como parte del programa de trab...
PORTEE DEFINITIONS COLLECT CNUCED

Portée et définitions

Collection de la CNUCED consacrée aux problèmes relatifs aux accords internationaux d'investissement II

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
12 Dec 2011
SCOPE & DEFINITION A SEQUEL

Scope and Definition

A Sequel

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
6 Apr 2011
This UNCTAD paper, the sequel to the 1999 Pink Series paper on scope and definition, considers how the concepts of investment and investor have been defined in existing international investment agreements (IIAs), and how different definitions have been interpreted by arbitral tribunals, moving be...
MOST FAVOURED NATION TREATMENT #2

Most-Favoured-Nation Treatment

A Sequel

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
9 Feb 2011
The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides...
COMPETITION

Compitition

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
CONTRATOS DE ESTADO

Contratos de Estado

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
11 Aug 2006
El presente estudio trata el tema de los contratos de estado. Esos contratos han desempeñado un papel fundamental en los procesos de inversión extranjera directa, sobre todo en los países en desarrollo que dependen de la explotación de los recursos naturales para su bienestar económico. El estudi...
CONTRATS D

Contrats d'Etats

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
30 Jun 2006
STATE CONTRACTS

State Contracts

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
22 Apr 2005
One common mode of entry for foreign direct investment is through the making of a foreign investment contract with the State. The aim of this paper is to consider more specific international investment agreements provisions that act to affect the negotiation, conclusion and observance of State co...
COMPETITION

Competition

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
14 Jan 2005
The regulation of anti-competitive practices by private parties is an established aspect of economic regulation in national laws. By contrast, the linkage of competition issues to the concerns of investment liberalization in International Investment Agreements is a relatively recent phenomenon. T...
KEY TERMS & CONNCEPT IN IIAs

Key Terms and Concept in IIAs

A Glossary

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
16 Jul 2004
This glossary of key terms and concepts in international investment agreements (IIAs) is designed to help individuals understand the principle issues in IIAs.
INCENTIVES

Incentives

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
28 May 2004
This United Nations Conference on Trade and Development (UNCTAD) Series addresses concepts and issues relevant to international investment agreements. This current issue examines Incentives as a policy tool to attract foreign direct investments (FDI). The series is presented in a format that is e...
TRANSPARENCY

Transparency

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
28 May 2004
This United Nations Conference on Trade and Development (UNCTAD) Series addresses concepts and issues relevant to international investment agreements. The agreements are presented in a format that is easy to understand for end users such as government officials, representatives of non-governmenta...
SOLUCION CONTROVERSIA ESTADO

Solución de Controversias

Estado-estado

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
25 Jun 2004
La secretaría de la Conferencia de las Naciones Unidas sobre Comercio y Desarrollo (UNCTAD) está aplicando un programa de trabajo sobre los acuerdos internacionales de inversión para ayudar a los países en desarrollo a participar lo más eficazmente posible en la reglamentación de las inversiones ...
DISPUTE SETTLEMENT INVESTOR STATE

Dispute Settlement

Investor-state

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
26 Sep 2003
This paper examines the main aspects of Investor-State dispute settlement from the perspective of both the investor and the host state. Investors and capital-exporting countries favor these disputes being resolved in accordance with international third party dispute settlement procedures. In cont...
DISPUTE SETTLEMENT STATE STATE

Dispute Settlement

State-state

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
12 Sep 2003
This paper examines provisions concerning the settlement of investment disputes that arise as a result of international investment agreements focusing primarily on State-to-State disputes. It covers topics such as the type of disputes that could trigger a State-to State procedure and procedures g...
TRANSFER OF TECHNOLOGY

Transfer of Technology

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
8 Feb 2002
This paper discusses the issue of technology transfer in the context of international investment agreements (IIAs) and is divided into four main sections. The first section is an explanation of the issues. Section two looks at two broad policy approaches to technology issues, which have been iden...
HOME COUNTRY MEASURES

Home Country Measures

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
19 Dec 2001
Most international negotiations on foreign direct investment focus on issues involving the paired relationship between transnational corporations and host countries. This publication discusses the measures taken by host countries that influence the inflow of foreign direct investments. It identif...
ILLICIT PAYMENTS

Illicit Payments

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
16 Nov 2001
This paper examines the topic of transnational bribery in the context of international investment agreements (IIAs), as well as other international instruments that address issues related to the making of such illicit payments. This paper begins with the identification of the principal issues tha...
HOST COUNTRY OPERATIONAL MEASURES

Host Country Operational Measures

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
19 Oct 2001
Host country operational measures (HCOMs) capture the vast array of measures implemented by host countries concerning the operation of foreign affiliates once inside their jurisdictions. HCOMs in general terms are part of a broad policy regime aimed at enhancing national welfare. More specificall...
SOCIAL RESPONSIBILITY

Social Responsibility

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
27 Jul 2001
Corporate social responsibility is a well-known concept in national law. However, new issues of corporate social responsibility have emerged. Responsibility to employees and wider issues, such as the need to minimize pollution, to protect consumer interests and to observe fundamental ethical and ...
ENVIRONMENT

Environment

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
25 May 2001
This publication takes a look at environmental concerns offering discussions in such areas as: general protection of the environment; preserving national regulatory space for environmental protection; attracting foreign direct investment; transfer of environmentally sound technology; and the tran...
TRANSFER OF FUNDS

Transfer of Funds

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
9 Feb 2001
This paper discusses the treatment of transfers under existing international investment agreements (IIA) and identifies issues that are of particular relevance in the consideration of those agreements. Transfer of Funds highlights the key issues that arise in the design of a transfer provision as...
INTL INVEST AGRMT FLEXIBILITY FOR

International Investment Agreements

Flexibility for Development

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
26 Jan 2001
Developing countries seek foreign direct investment (FDI) in order to promote their economic development. When concluding international investment agreements (IIAs), developing countries face a basic challenge: how to achieve the goal of creating an appropriate stable, predictable FDI policy fram...
EMPLOYMENT

Employment

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
4 Aug 2000
This publication examines the management of employment issues in the area of Foreign Direct Investment (FDI) and Transnational Corporations (TNCs). It provides an analysis of the coverage of international instruments concerning five main areas of TNC-related issues: employment promotion, opportun...
TAXATION

Taxation

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
4 Aug 2000
This publication describes how various international tax issues related to Foreign Direct Investment (FDI) have been addressed in international investment agreements (IIAs) and in international tax arrangements, and outlines policy options for developing countries. The process of globalization, i...
TAKING OF PROPERTY

Taking of Property

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
24 Mar 2000
The taking of private assets by public authorities raises significant issues of international law, where such takings involve the assets of foreign private investors. This publication examines the concept of 'takings' in the context of international law and international investment agreements. It...
LESSONS FROM THE MAI

Lessons from the MAI

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
10 Mar 2000
This publication considers the factors that contributed to the decision of the members of the Organisation for Economic Co-operation and Development to discontinue the negotiations on the Multilateral Agreement on Investment (MAI). It also draws lessons that could be of use for future negotiation...
TRENDS INTL INVESTMENT AGRMT

Trends in International Investment Agreements

An Overview

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
10 Mar 2000
In the past four decades, national and international legal policies and rules concerning foreign direct investment (FDI) have repeatedly changed. This paper provides an overview of the developments in the international legal framework for FDI. In addition to an historical overview, the publicatio...
NATL TREATMENT

National Treatment

Series:
UNCTAD Series on Issues in International Investment Agreements (Series One)
26 Nov 1999
In international investment agreements, the national treatment standard extended by a host country to foreign investors, touches upon economically and politically sensitive issues as it seeks to ensure a degree of competitive equality between national and foreign investors. This publication, whic...